Today (2nd July, 2018) Andy Hall, a British migrant worker rights specialist, received confirmation from his legal defence team in Thailand that the Appeals Court for Corruption & Misconduct Cases recently dismissed his counter criminal prosecutions filed in May 2017 against 10 State prosecution and police officials. The Appeals Court upheld a first instance decision of the Central Court for Corruption & Misconduct Cases that dismissed these prosecutions back in September 2017. Hall’s legal defence team is considering this Appeals Court ruling in detail to prepare to appeal the prosecution dismissal to Thailand’s highest Court, the Supreme Court.

The judgement of the Appeals Court for Corruption and Misconduct Cases, issued on 9th May 2018 and available in Thai language (see คำพิพากษาศาลอุทธรณ์คดีแอนดี้ศาลอาญาทุจริต), outlines various reasons for dismissing Hall’s counter criminal prosecutions. The Court ruled that none of the 10 officials named in Hall’s prosecutions (including police officers, state prosecutors and senior officials from the Attorney General’s department) had acted unlawfully in launching in July 2013 a criminal defamation prosecution against Hall which the Supreme Court, affirming decisions of both Prakanong Court and the Appeals Court, ruled in November 2016 was an unlawful prosecution. The Court also ruled that none of these officials had sought to unfairly persecute Hall or cause him any damage or loss by means of their prosecution against him .

This recent dismissal follows a May 2018 decision of Prakanong Court in Bangkok that issued its first instance judgement also dismissing a counter criminal prosecution case filed in May 2017 by Hall against Thailand’s Natural Fruit Company Ltd. and two of its senior executives. Hall’s legal defense team is also preparing to appeal this first instance Court ruling to the Appeals Court.

The unlawful criminal defamation prosecution that led to these two sets of dismissed counter criminal prosecutions concerned an interview Hall gave to Aljazeera English in Myanmar in April 2013 that allegedly defamed Natural Fruit Company and which, when broadcast and distributed, allegedly caused the company and its owners damage. This prosecution by Natural Fruit was filed as a criminal complaint at Bangna Police Station, recommended for prosecution by the police before being accepted by Prakanong Prosecutor and Thailand’s Attorney General.

Despite Thailand’s Supreme Court dismissing the related criminal defamation case against Hall, Prakanong Court went on however to find Hall guilty of civil defamation concerning this same Aljazeera interview in April 2018. The Court ordered Hall to pay Natural Fruit Company 10 million Euros in damages as well as legal fees. Following a donation of over 12, 000 Euros from S Group and Freedom Fund to cover related Court fees required to appeal this conviction, as well as additional donations received towards mounting legal fees, Hall’s legal defense team is currently preparing an appeal against this recent civil defamation conviction also.

Hall’s counter criminal prosecution cases filed against state officials and Natural Fruit Company were launched so as to allow detailed judicial consideration of the unlawful nature of the previous criminal defamation prosecution filed by Natural Fruit Company and jointly prosecuted by Thailand’s Attorney General against Hall. The ruling of Thailand’s Supreme Court in favour of Hall in the Aljazeera interview criminal case provided his legal defense team with the legal option to launch counter criminal prosecutions against Natural Fruit company, it’s executives and State prosecution officials in order to try to defend Hall from ongoing judicial harassment he was facing in the country prior to his departure in late 2016.

‘I continue to pursue counter litigations consisting of two sets of criminal prosecutions today with a heavy heart and not out of anger or with any desire for revenge. It is regretful that things have reached this stage. However, it is necessary to continue to pursue these litigations as I must defend myself against an unlawful prosecution and sustained judicial harassment waged against me that continues unabated,’ said Andy Hall from Kathmandu in Nepal.

‘I was encouraged to initiate these litigations by migrant workers whom I continue to support in Thailand. After both my criminal and civil convictions, many workers and rights defenders in Thailand and even globally told me they hesitate to voice concerns on exploitation or report fully on abuses due to fear of negative repercussions. Despite the Appeals Court already overturning my only outstanding criminal conviction in May 2018, it’s still imperative that these two sets of counter criminal prosecutions claim space back for victims of rights abuses, exploited workers and human rights defenders to speak out with confidence about unlawful conduct by business and state actors without repercussions,’ said Hall.

‘I also continue to pursue these counter criminal prosecutions because of the advice and support provided to me by a committed team of human rights lawyers. My legal team and I aim to contribute through these litigations towards reform of the Thai justice system that is being wrongly utilized to harass human rights defenders like myself. Such reform of the Thai justice system through pressure from litigation such as mine can hopefully enhance the rule of law and ensure meaningful accountability for victims of the unlawful and unacceptable abuse of state police investigatory and prosecutorial powers in Thailand,’ Hall added today.

For more information on this recent Appeals Court judgement, Andy Hall’s counter prosecution and other cases concerning the Natural Fruit saga, contact Andy Hall on +977(0)9823486634 and Andyjhall1979@gmail.com OR Nakhon Chomphuchat, head of Andy Hall’s legal team on +66(0)818 473086 and nakhonct@gmail.com

NF judgement English Translation (Final) link will take you to an unofficial English language translation in PDF of Thailand’s Appeals Court 31 May 2018 landmark verdict/judgement overturning my September 2016 criminal conviction in the main Natural Fruit vs. Andy Hall criminal prosecution (Thai version of original judgement available at Andy Hall Appeal Court Verdict or here). As the judgement is lengthy, for ease of reference, I highlight the key points from the judgement in yellow in this PDF unofficial translation and copy them below in this post also. I am most grateful to the Business and Human Rights Resource Center (BHRRC) for providing the funds to enable an unofficial English language translation of this landmark verdict/judgement to be undertaken.

For more information on this verdict and Natural Fruit vs. Andy Hall saga cases, also see:

KEY POINTS OF APPEALS COURT VERDICT (as translated into English and highlighted in yellow in PDF full version of judgement)

**”What the plaintiff deemed as defamatory imputations were all the facts stating to the effect that there were human trafficking and violations of human rights and labour protection law. The actions related to human trafficking and human rights violation are the infringements of people’s fundamental rights, which were protected by Thailand’s constitution at the time of the offense and the current constitution also recognizes such rights. In addition, the violation of workers’ rights, which is an offense against the labour protection law, could be an action involving human trafficking that the public or a concerned person that witnesses such offense has the right to inform the public of the fact about it.” Continue reading →

(Bangkok, May 31, 2018)—Thailand’s Appeal Court today overturned an earlier decision by the Bangkok South Criminal Court on September 20, 2016 to convict Andy Hall, a British labor-rights activist, on criminal defamation charges and alleged violations under the 2007 Computer-related Crimes Act.

“This is a monumental verdict towards upholding the rights to freedom of expression and the legitimate work of human rights defenders in Thailand. It is encouraging that the Court recognizes the legitimate work of human rights defenders and whistleblowers who report on human rights abuses within the business sector.

Investigating human rights abuses is not and never will be a crime. Today’s court decision sends a positive signal to the international community that Thailand will not tolerate business enterprises intimidating human rights activists through criminal prosecutions.

These criminal prosecutions aim to silence individuals who speak out against human rights abuses, creating a climate of fear among human rights activists and affected communities in Thailand. Thai authorities and business enterprises should immediately and unconditionally cease all criminal proceedings against all human rights defenders and whistleblowers.

The Thai Government should urgently decriminalize defamation. Until then, Thailand will continue to fall short of meeting its obligations under international law.

The complaint against Andy Hall should never have been brought in the first place. Human rights defenders shouldn’t be criminally prosecuted for reporting on concerning corporate practices, including issues around labor rights protection and the treatment of migrant workers.”

The Bangkok South Criminal Court has overturned its conviction of Andy Hall, a British human rights defender found guilty of criminal defamation in September 2016 for his work into the abuse of migrant workers’ rights in Thailand.

“This successful appeal is very welcome, and it underlines how the original conviction against Andy Hall was an abuse of justice that should never have been allowed.

“Unless followed by legislative and policy changes, however, this decision will do little to compensate for a system that allows for the targeting of human rights defenders who dare to stand up against companies involved in abusive practices.

“The Thai government must work to repeal all criminal defamation laws and take measures to protect both the rights of migrant workers and the freedom of expression of those who are defending their rights.”

Charges

Andy Hall was found guilty by the Bangkok South Criminal Court in 2016 for criminal defamation charges brought against him by the Natural Fruit Company Ltd. The company was the subject of a 2013 report that Mr Hall worked on for the civil society group Finnwatch while researching abuses of migrant workers’ rights in Thailand.

Hall was fined 150 000 Baht and received a three-year sentence. His sentence was suspended for two years.

BANGKOK — A Thai appeals court on Thursday vindicated a British labor rights activist entangled in a years-long legal confrontation with a fruit-packing company after he publicized alleged human rights violations at its factory.

The legal victory for Andy Hall was welcomed by Amnesty International but is not necessarily the end of protracted court battles that forced him to leave Thailand in 2016.

A criminal defamation and other cases against Hall stemmed from a 2013 report he researched for Finnish consumer organization Finnwatch that alleged labor abuses at Natural Fruit’s pineapple canning operation. It employed migrant workers from Myanmar who said the company abused them and broke labor regulations.

Sunya Joongdee, a lawyer for Hall, said Thursday’s court ruling dismissed the criminal defamation case, which also resulted in the collapse of a case under Thailand’s computer crimes law. It outlaws publishing what is deemed false information online.

He said the court accepted that Hall’s interviews with migrant workers revealed allegations of rights violations that should be made public. Hall was found guilty of criminal defamation in 2016, fined and given a suspended prison sentence.

Natural Fruit, owned by businessman Wirat Piyapornpaiboon, can appeal to the Supreme Court. Other cases brought by both sides as the legal battle escalated are still before the courts.

On Twitter, Hall said he had previously lost hope of justice but now a “flame was reignited in my heart.”

“There is still the possibility that today’s verdict could lead in some way to peace and reconciliation,” he said.

Amnesty International’s Thailand campaigner, Katherine Gerson, said the ruling should be followed with repeal of the criminal defamation law to prevent companies using the courts to harass activists who campaign against abusive corporate practices.

“This successful appeal is very welcome, and it underlines how the original conviction against Andy Hall was an abuse of justice that should never have been allowed,” she said in a statement.

Finnwatch also welcomed the ruling. Its executive director, Sonja Vartiala, said the appeal court’s decision was a “much needed acknowledgement” that Hall’s work researching allegations of human rights abuses against migrant workers was legitimate and in the public interest.

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Bangkok South Criminal Court Conviction Appeals Ruling

Appeal Verdict to be IssuedMay 31st, 2018

Bangkok South Criminal Court will read the adjourned ruling of the Appeals Court on the appeal of Andy Hall and Natural Fruit against Andy Hall’s conviction and sentencing in a criminal defamation and computer crimes case filed against Hall by Natural Fruit Company Ltd. executives in response to the publication of the Finnwatch report in 2013. An arrest warrant has been issued for Hall to attend the verdict after he failed to attend the Court on the previous appointed verdict date on 24th April 2018

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Andy Hall has set up a YouCaring crowdfunding site to receive donations to fund his professional team of lawyers (and support other related case costs) to defend himself in the ongoing and unrelenting judicial harassment being waged against him by just a few irrational and vindictive companies in Thailand. See https://www.youcaring.com/andyhall-1151843 and you can donate there.